Litigation Notes

High Court orders evidence of settlement with other claimants to be excluded from trial

High Court orders commercial parties to mediate shortly before trial

Transparency and Open Justice Board publishes proposed key objectives

High Court finds Secretary of State's affirmation in disqualification proceedings is not publicly available as a statement of case

Commercial litigation podcast series – Episode 27: General update

Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC

Proposed new rule would radically expand public access to court documents

High Court confirms that conscious “awareness” of a representation is an essential (and distinct) element to a claim for misrepresentation

The High Court has confirmed that a claimant’s conscious awareness or understanding of an implied representation is an essential element for a claim for …

Indemnity costs awarded against party who dismissed complaints about witness statement non-compliance as "nit-picking"

Commercial litigation podcast series – Episode 14: General update

Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC

High Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failures

The latest in a line of High Court decisions considering Practice Direction (PD) 57AC, which applies to trial witness statements signed since April 2021, …